HomeMy WebLinkAbout01-5446Law Offices ofHazlett & Oesterling
20 South Market Street
Mechanicsburg, PA 17055
(717)-790-0490
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
GERALD J. REBER :
Plaintiff, :
EVA E. REBER :
Defendant :
No. r~ t- ~¥t.
Civil Action - Divorce
NOTICE TO DEFEND AND CLAIM OF RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court. A
judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including custody or visitation
of your children.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES
OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FiND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249~3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER,
PLAINTIFF,
EVA E. REBER,
DEFENDANT,
Civil Action---Divorce
Case No.~
AVISO PARA DEFENDER Y RECLAMAR DERECHQ$
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento
puede ser emitido en su contra pot la Corte. Una decision puede tambien set emitida cn
su contra pot cualquier otra queja o compensacion reclamados pot el demandante. Usted
puedc perder dinero, o propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista d~e corjseje, ros !
matrimoniales esta disponible en la officina del Prothonotary, en
Court of Common Pleas, 2 Liberty Avenue Carlisle, PA. 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL.
HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR
ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN
ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABA JO PARA AVERIGUAR
DONDE PUEDE OBTENER ASIS TENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17013
(717) 249-3166
AVAILABILITY OF COUNSELING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE
NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE
IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS:
23 Pa.C.S. & 3301(a)(6) .......Indignities
23 Pa.C.S. & 3301(c) .......... Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. & 3301(d) ..........Irretrievable Breakdown; Two year separation where the
court determines that there is a reasonable prospect of
reconciliation.
A list of marriage counselors is available in the Office of the Prothonotary of
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
HAZLETT & OESTERLING
Attor~y for Plaintiff
20 ~outh Market Street
Mechanicsburg, Pennsylvania 17055
(717) 790-0490
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER,
Plaintiff,
VS.
EVA E. REBER,
Defendant,
Civil Action At Law---Divorce
Case No.
COMPLAINT UNDER SECTION 3301 (C~ OR 3301 (D) OF THE DIVORCE
CODE
1. The plaintiff is Gerald J. Reber, currently residing at 100 Media Road, Carlisle
17013 in the County of Cumberland, Commonwealth of Pennsylvania,
2. The defendant is Eva E. Rcber, currently residing at 100 Media Road, Carlisle 17013
in the County of Cumberland, Commonwealth of Pennsylvania.
JURISDICTION & VENUE
3. Plaintiffhas been a resident of the Commonwealth of Pennsylvania for a period of
more than 6 months.
4. The parties were married on the August 7th 1959, Ludwigsburg Germany.
5. The Plaintiff is not in the military or naval service of the United States or its allies
within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of
1940 and its amendments.
6. There have been no prior actions for divorce instituted by the plaintiff or defendant in
this Commonwealth.
COUNT I
GROUNDS FOR DIVORCE
REQUEST FOR NO-FAULT 3301 (e) or (d) OF TIlE DIVORCE CODE
7. The prior paragraphs are incorporated herein by reference.
8. The marriage between the Plaintiff and Defendant is irretrievably broken.
After (90) days have elapsed from the date of the filing of this Complaint, plaintiff
intends to file an affidavit consenting to a divorce.
WIIEREFORE, provided the parties file affidavits consenting to a divome after ninety
(90) days have elapsed from the date of the filing and the serving of this Complaint,
plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section
3301(c) of the Divorce Code..
3301 (dj
9. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living
Separate and apart since September 6th 2001.
10. The marriage is irretrievably broken.
11. Plaintiff has been advised that counseling is available and that the plaintiff may have
the right to request that the court require the parties to participate in counseling.
12. In the event that consent from the defendant is forthcoming Plaintiff shall seek a
unilateral divorce pursuant to and in conformity with section 3301 (d) of the Divorce
Code subsequent to the filing of this Complaint.
WHEREFORE, if plaintiff request the Honorable Court to enter a Divorce Decree
under section 3301 (d) provided defendant does not oppose the entry of such reliefi
13. The parties have two biological children that were bom within the marriage that are
of the ages of majority.
14. The parties have not heretofore entered into any written agreement as to support,
alimony, or property division.
Dated:
HAZLETT & OESTERLING ATTO S AT L.~W
~Attor~-9 for Pl~llqff
/./20 S6uth Market Street
Mechanicsburg, Pennsylvania 17055
(717) 790-0490
VERIFICATION
I verify that upon personal knowledge or information and belief that the statements
made in this Complaint are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification
to authorities
~ C~[rai~l ~l~e~er, Plaintiff
HAZLETT & OESTERLING
20 SOUTH MARKET STREET
MECHANICSBURG, PA 17055
L
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF
GERALD J. REBER AND EVA E. REBER
THIS AGREEMENT, made this/~ , day of ~.f'7~z~',~ , 2001
by and between GERALD J. REBER, hereinafter referred to as "Husband", and EVA E.
REBER hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 7~ 1959; and
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and now live separate and apart from one another, and are desirous, therefore, of entering into
an agreement which will provide for support, distribute their marital property, and will provide for their
mutual responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised, have come to the following
agreement.
NOW, THEREFORE, in consideration of the above recitals and the following covenants and
promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and
to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows:
It shall be lawful for each party at all times hereafter to live separate and apart from the other at
such place or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE:
Each party shah be free from interference, authority and contact by the other as fully as if he or she
was single and unmarried, except as may be necessary to carry out the provisions of this Agreement.
Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other in all respects as if he or she were single and
unmarried
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that, she has not, and in the future she will not, contract or
incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and
save Husband harmless from any and all claims and demands made against him by reasons of debts or
obligations incurred by her subsequent to the entry of the divorce decree.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that, he has not, and in the future he will not, contract or
incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save
Wife harmless from any and all claims and demands made against her by reasons of debts or obligations
incurred by him.
OUTSTANDING JOINT DEBTS:
It is represented as between the parties that there are no joint debts as between the parties that were
incurred prior to the effective date of this agreement and it is hereby understood, and agreed upon, that
each party that will not hereinafter incur any debts for which the parties may be jointly liable.
6. MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party waives his or her right to alimony and any
further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an
equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended.
Subject to the provisions of this Agreement, each party has released and discharged, and by this
Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of and from all causes of action, claims, rights
or demands whatsoever in law or equity, which either of the parties ever had or now has against the other,
except any or all cause or causes of action for divorce and except in any or all causes of action for breach
of any provisions of this Agreement. Each party also waives his or her right to request marital counseling
pursuant to Section 202 of the Divorce Code.
7. EOU1TABLE DISTRIBUTION OF MARITAL PROPERTY:
The paaies have attempted to distribute their marital property in a manner which conforms to the
criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the age, health , station, amount and sources of income,
vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each
party to the education, training or increased earning power of the other party; the opportunity of each
party for future acquisitions of capital assets and income; the sources of income of both parties' including
but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each
party in the acquisition, preservation, depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during the marriage; and the economic circumstances of each
party at the time the division of property is to become effective.
The division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets, funds or other property not constituting marital property. The division of property
under this Agreement shall be in full satisfaction of all marital rights of the parties.
2
A. DISTRIBUTION OF PERSONAL PROPERTY
The parties hereto mutually agree that they have effected a satisfactory division of the furniture,
household furnishings, appliances, and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her possession.
Except as otherwise provided by the terms of this Agreement, the parties hereto have divided
between themselves, to their mutual satisfaction, all items of tangible and intangible marital property.
Neither party shall make any claim to any such items of marital property of either party, which are now in
the possession and/or under the control of the other. Should it become necessary, the parties each agree to
sign, upon request, any rifles or documents necessary to give effect to this paragraph. Property shall be
deemed to be in the possession or under the control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of the party at the time of the signing of this
Agreement and, in the case of intangible personal property, if any physical or written evidence of joint
ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in
the possession or control of the party. Husband and Wife shall each be deemed to be in the possession
and control of his or her own individual pension or other employee benefit plans or retirement benefits of
any nature with the exception of Social Security benefits to which either party may have vested or
contingent right or interest at the time of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits.
From and after the date of the signing of this Agreement, both parties shall have complete freedom of
disposition as to his/her separate property and any property which is in their possession or control
pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of
such property, whether real or personal, whether such property was acquired before, during or after the
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or
other instrument of the other pertaining to such disposition of property. Wife agrees that all personal
property not identified in this agreement and in husband's possession on November 1~ 2001 is the sole
property of husband. Husband agrees that all personal property not identified in this agreement and in
husband's possession on November 1~t 2001 is the sole property of Wife
The parties are the legal and equitable owners of a marital home located at 100 Media Road, Carlisle
PA. 17013. Husband shall sign and deliver to Wife all documents necessary to transfer tifle to Wife in the
real estate. Wife in exchange agrees to indemnify and hold husband harmless for any taxes, liabilities
and/or expenses incurred in connection with the maintenance, upkeep, and ownership of the home
subsequent to the transfer of the same into her name. Husband waives any and all rights, claims, or
otherwise to any insurance policies or proceeds relative to the real estate. Husband shall execute all
necessary documents to transfer his ownership interest to Wife on or before November 1st 2001. In
consideration of husband transferring his ownership interest in the home to Wife, Wife agrees to pay to
husband the sum of $40,000.00 (dollars) on November 1~ 2001.
The parties are the legal owners of automobiles and shall divide their ownership of these vehicles as
outlined hereinafter.
(A) Wife shall retain ownership of the 1995 Ford Taurus, VIN number 1FALP52UOSA278583 and
shall be responsible to maintain all expenses related to the operation and upkeep of the vehicle
and which shall be the sole legal and equitable property of the wife free of any and all liens, and
encumbrances.
(B) Husband shall retain ownership of the 1997 Oldsmobile Silhoutte, VIN number
IGHDXO6EXVD204086 which shall be the sole legal and equitable property of the husband free
of any and all liens and encumbrances and which husband shall maintain all expenses related to
the operation land upkeep of the vehicle.
(C) Husband agrees to pay wife the sum of $4,250.00 dollars on November Ist 2001 due to
compensate wife for the difference in the respective values of the aforementioned automobiles.
(D) Wife agrees to sign and deliver all documents necessary to transfer title of the Oldsmobile
Silhoutte.
(E) Husband agrees to sign and deliver all documents necessary to transfer title of the Ford Taurus
10. SUPPORT:
(A) Husband hereby covenants to pay to wife 50 percent of husband's disposable military retirement
pay after the final divorce decrees have been granted. Wife agrees that she will apply to
Defense Finance and Accounting Service to implement this 50 percent distribution per the
mandates of the same.
(B) Husband agrees to pay to wife monthly an amount equal to 50 percent of their combined Social
Security incomes minus the amount of wife's Social Security income after the final divorce
decree has been granted and the Defense and Accounting Service has started wife's monthly
allotment.
(C) Husband agrees to pay wife $932.00 dollars per month until the Defense Finance and
Accounting Service has started wife's monthly allotment at which point this payment shall
cease. Wife in consideration of the aforementioned payments hereby waives and relinquishes
finally, and completely all other claims against husband for Spousal Support, Alimony, Alimony
Pendente Lite, Costs & Expenses and any and all other forms of support of any and every kind
and/or description except those recited and allowed within this agreement.
(D) Periodic payments to wife unless specified otherwise, shall be made by check to be mailed to
wife at her residence at 100 Media Road, Carlisle PA. 17013 or at her current residence should
she decide to relocate.
11. PENSION RETIREMENT PLANTS}:
There are no stocks, bonds, or retirement plans or other benefits owned jointly or by either party except
Social Security and military retirement based on husband's service and work record.
(A) The parties agree that all funds in joint bank accounts and credit union account number 50293
SUFFIX: 00 SAVINGS and SUFFIX; 05 INVESTMENT SAVINGS shall be divided equally
4
on November Ia 2001.
(B) Husband agrees to pay wife 50 percent of the interest that has accrued and accumulated during
a one year period, on account number 50293 SUFFIX; 40CERTIFICATE on the date of the
final divorce decree.
13. TAXES
The parties agree that they will file a joint federal income tax return for the 2001 tax year. State, Federal
and local income taxes for the current year will be paid jointly by husband and wife.
14. COUNSEL FEES AND EXPENSES:
Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and
Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for
the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them.
Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that either may now or hereafter have against the
other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and
maintenance before, during and after the commencement of any proceedings for divorce or annulment
between the parties.
15. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of his or her property in any way,
and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other
as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance,
widow's allowance, intestate share, right to take against the will of the other, and right to act as
administrator or executor of the others estate. Each will, at the request of the other, execute,
acknowledge and deliver any and all instruments, which may be necessary, or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims.
16. SUBSEOUENT DIVORCE:
Should a Divome Complaint be initiated by either party against the other regardless of the section of
the Divorce Code it is specifically understood and agreed to by the parties herein that the parties shall be
bound by all the terms, conditions, and restrictions of this Agreement which shah be incorporated by
reference into the Divorce Decree, shall not be merged into the Divome Decree, and shall not be
modified, but shall in all respects survive the same and be further binding and conclusive upon the parties.
It is the intention of the parties that the Agreement shall survive any action for divorce which may be
instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, final or
permanent shall affect or modify the financial terms of this Agreement. This Agreement may be
incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be
incorporated for the purposes of enforcement only.
17. BREACH AND ENFORCEMENT:
A. It is expressly understood and agreed by and between the parties hereto that this Agreement
may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree
that if an action to enforce this Agreement is brought in Equity by either party, the other party will make
no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an
adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on
a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual
recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in
Equity over agreements such as this one.
B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an
action at law for redress of his or her rights under the terms of this Agreement, and in such event it is
specifically understood and agreed that for and in specific consideration of the other provisions and
covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid delay.
Each party further hereby agrees to pay and to save and hold harmless the other party from any
and all attorney's fees and costs of litigation that either may sustain, or incur or become liable
for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by
the other of any of the terms or provisions of this agreement by reason of which either party
shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against
the other at law or equity or both in any way whatsoever; provided that the party seeks to
recover such attorney's fees, and costs of litigation must first be successful in whole or in part,
before there would be any liability for attorney's fees and costs of litigation. It is the specific
agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden
and obligation of any and all costs and expenses and counsel fees incurred by himself or herself
as well as the other party in endeavoring to protect or enforce his or her rights under this
Agreement.
18. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other, execute, acknowledge and
deliver to the other party any and all further instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
19. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been completely reviewed by the
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been furnished with all information relating to
the financial affairs of the other, which has been requested by each of them.
20. ENTIRE AGREEM~F:
This Agreement containq the entire understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife
acknowledge and agree that the provisions of this Agreement with respect to the division and distribution
of marital and separate property are fair, equitable and satisfactory to them based on the length of their
marriage and other relevant factors, which have been taken into consideration by the parties. Both parties
hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in
full and final settlement and satisfaction of all claims and demands that they may now have or hereafter
have against the other for equitable distribution of their property by any court of competent jurisdiction
pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing any provision of this A~eement.
21. ~
Husband and Wife each represent and warrant to the other that he or she has made a full and
complete disclosure to the other party of all assets of any nature whatsoever in which such party has an
interest, the sources and amount of the income of such party or every type whatsoever and of all other
facts relating to the subject maaer of this Agreement.
22. MODIFICATION ANI) WAIVER:
A modification and waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either party to
insist upon strict performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
23. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement agreements which may or have been
executed prior to the date and time of this Agreement are null and void and of no effect as well as any
verbal agreements or representations occurring prior to the effective date of thiq instrument.
24. DESCRIFTIVE HEADLNGS:
The descriptive headin.~s used herein are for convenience only.
whatsoever in determining the rights or obligations of the parties.
They shall have no effect
IN WITNESS W'HEREOF, the parties hereto have set their hand and seals the day and year first above
Written.
Commonwealth of Penn~nylvanla
County of Cumberland
On this, the //~ ,day of~A.D. 2001, before me a Notary Public
appeared Gerald J. Reber, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
No'r^RIAt. SEAL ~ ~_ ~4~-,~ ~ Seal
I DAWN M. SHUGHART, Notary Public ~
Caflisie, Cumberland County /
My Commission Expires Nov. 28, 2002~ Title of Officer
Eva E. Reber, Defendant
Commonwealth of Penn~qylvania
County of Cumberland
On this, the /~ ,day of I~OJg~A.D. 2001, before me a Notary Public
appeared Eva E. Reber, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, l~eunto set my hand and official seal.
NOTARIAL SEAL
DAWN M. SHUGHART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov. 28, 2002
Title of Officer
Seal
9
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER, :
Plaintiff :
Vs. :
._
EVA E. REBER, :
Defendant :
:
Civil Action--- DIVORCE
Docket # 01-544t~
CERTIFICATE OF SERVICE
I, Gregory S. Hazlett, Esquire, hereby certify that on the 18TM day of September
2001 I made service of the foregoing Divorce Complaint and accompanying
documents, upon the defendant Eva E. Reber by way of first class mail postage prepaid
and the same was received by defendant by Acceptance of Service on the 20~ day of
September 2001 (Attached hereto.)to the following address listed hereunder..
DATE: 1/3/2002
Eva E. Reber
100 Media Road
Carlisle, PA. 17013
HAZLETT & OESTERLING
~ GrOwn'rye. azl ~l~l~~'
717-790-0490
IN THF~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER
Plaintiff,
V.
EVA E. REBER
Defendont
No. 01-5441~
Civil Action - Divorce
ACCEPTANCE OF SERVICE
I Eva E. Reber, accept service of the Complaint in Divorce, Notice to Defend and Notice of
Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said
matter or that I am authorized to accept on behalf of the Defendant.
Date Eva E. Reber, Defendant or Authorized Agent
Mailing Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER, :
:
PLAINTIFF :
:
VS. :
:
EVA E. REBER, :
:
DEFENDANT :
Civil Action---Divorce
Docket No. 01-544t~
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 18~ 2001 and served upon defendant on September 20~ 2001 by way of an
Acceptance of Service. (Attached hereto).
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
Elapsed from the date of service of the divorce Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
Fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
~iff
~C;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER, :
:
PLAINTIFF :
:
VS. :
:
EVA E. REBER, :
DEFENDANT :
Civil Action---Divorce
No. 01-544~
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301 (C) OF T~IE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose fights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a Divorce is granted.
I understand that I will not be divorced until a Divorce Decree is entered by the Court,
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904
relating to unsworn falsification to authorities.
Date:./,~ -.dj
G~rala-jfl(eb'er~ Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER, :
PLAINTIFF :
:
VS. :
EVA E. REBER, :
:
DEFENDANT :
Civil Action--Divorce
Docket No. 01-5441;
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 18' 2001 and served upon defendant on September 20~ 2001 by way of an
Acceptance of Service. (Attached hereto).
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
Elapsed from the date of service of the divorce Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose fights concerning alimony, division of property, lawyers
Fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct· I
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
Eva E. Reber, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
GERALD J. REBER,
PLAINTIFF
VS.
EVA E. REBER,
DEFENDANT
Civil Action---Divorce
No. 01-5441~
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301 (C) OF TI-IF, DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose fights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a Divorce is granted.
I understand that I will not be divorced until a Divorce Decree is entered by the Court,
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904
relating to unswom falsification to authorities.
Eva E. Reber, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH
GERALD J. REBER,
PLAINTIFF,
Vo
EVA E. REBER,
DEFENDANT
OF PENNSYLVANIA
:
No. 01-544~
Civil Action .... Divorce
PRAECIPE TO TRANSMIT THE RECORI~
To the Prothonotary:
Please Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. The complaint in Divorce was filed on the 18TM, day of September 2001 and received by the
defendant by way of Acceptance of Service on the 20th day of September 2001. (attached
hereto)
3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice on the 21st day of
December 2001 (which are attached hereto.)
4. The defendant signed her Affidavit of Consent, and Waiver of Notice of Intent on 2na day of
January 2002. (copy attached hereto).
5. There are no related claims pending as between the parties hereto and listed herein. The
parties have executed a Marital Settlement Agreement on the 16th day of October 2001 which
settles all issues relative to distribution of marital property and claims regarding support.
6. The Plaintiff and Defendant signed a Waiver of Notice of Intention to Request Entry of a
Divorce Decree on the 21st and 2nd day of December and January, 2001 and~2~)02, resl2ectively
as renuired by Rule 1920.72. '~/'~~~ ~,~~j
Date: /t/3/~}c~ ./,~t~ff~~.~.
J 20 Sout~Market~ ~
~ Me~nicsburg, PA. 17055
f T17-790-0490/Atty. I.D. 69528